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HOUSE BILL NO. 251 AN ACT relating to Indian River County; authorizing the Board of County Commissioners to grant franchises in unincorporated areas for the construction, operation and maintenance of public utilities, including water systems, sewage systems, gas systems and sanitary garbage service; prescribing the method of granting such franchises and the terms thereof; requiring bonds of licensees; exempting certain utilities from the terms hereof; providing procedures for hearings of complaints against licensees and the disposition thereof, including reviewing and fixing of rates; authorizing transfer of franchises only under certain conditions; and providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Short title of Act. That this Act may be cited as "Utility Act of Indian River County." Section 2. Definitions. That whenever used in this Act, unless a different meaning clearly appears from the context; (a) The term "County" shall mean the County of Indian River. (b) The term "County Commissioners" shall mean the Board of County Commissioners of Indian River County. (c) The term "utility" or "utilities" as used herein shall mean any business or undertaking, public or private, which owns, operates and/or manages any of the following: (1) Water system, water works system and/or water treatment plant, or other operation concerning water production, distribution, and/or sale; and/or (2) Sewerage system, sewage distribution system, sewage treatment works and any other undertaking in which sewage is received, processed, treated and/or distributed; and/or (3) Gas system, gas distribution system, gas plant, and any other undertaking in which gas, natural or otherwise, is processed and distributed by means of pipes, mains, conduits, and the like, to the place of ultimate consumption. (4) Garbage service, whether the same be a service for picking up garbage and hauling the same away and/or incinerator or other method of treating garbage. (d) The term "person" shall include any person, firm, corporation, or legal entity, and the use of any gender shall include all genders. Section 3. Declaration of Policy. That the County of Indian River, due to its rapid growth industrially and in population, requires a method whereby areas of said County, outside of municipalities, may be properly serviced by the above utilities, it is hereby found and declared that it is in the public interest for the Board of County Commissioners of Indian River County to be given the authority and power to grant franchises in said County, outside of municipalities, for the construction, operation and maintenance of such utilities. Section 4. Powers of the Board of County Commissioners. That in addition to the powers which it may now have, the Board shall have the power under this Act: (a) To grant franchises to any person, firm or corporation which said Board finds, after public hearing, to be qualified to construct, operate and/or maintain a utility in said County, but outside the limits of any municipality. Any such franchise may be exclusive to such person or in the discretion of said Board, any such franchise may be non-exclusive and issued with the right to said Board to grant another franchise for the same utility and for the same area. (b) To hold such hearings as the Board may deem appropriate or necessary to determine the qualifications of any person, firm, or corporation applying for any franchise under this Act. Applications for any franchise hereunder shall be submitted to said Board in writing, and shall outline the area which the applicant desires to service; utility service or services which it desires to perform or furnish; the duration of time for which it requests such franchise; such data as the Board deems proper concerning the financial ability of the applicant to properly discharge the responsibilities given to it under such franchise; and such other data as the Board may deem appropriate. The Board shall grant such franchise only after at least one public hearing, of which notice shall be given, by publication in a newspaper regularly published in said County, at least one time, not more than one month, nor less than one week, preceding such hearing. Certified Proof of Notice of such hearing shall be filed with said Board. Such hearing may be continued from time to time by the Board. (c) To require of any such person, firm, or corporation, to whom a franchise under this Act is granted, such bond or other assurance of performance as the Board shall deem necessary. (d) To limit such franchise to such utility or utilities, and to such area or areas, and to such time limitation, as the Board, in each instance, shall determine. (e) To include in any such franchise a license or easement over, upon and across the streets, roads, alleys, and other rights of ways in said County, located outside the corporate limits of any municipality, for the construction, maintenance, repair, operation and removal of pipe lines, conduits, and other similar equipment for the transmission of water, sewerage or other transmissible material, provided, however, said Board shall include in any such franchise or license, adequate provisions: (1) To prevent the creation of any obstructions or conditions which are or may become dangerous to the traveling public. (2) To require the licensee to repair any damage or injury to the road or highway by reason of the exercise of the privileges granted in any instrument creating such license and to repair any road or highway promptly, restoring the same to a condition at least equal to that which existed immediately prior to the infliction of such damage or injury. (3) Whereby the licensee shall hold the Board of County Commissioners and members thereof harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted in any instrument creating such licenses; and (4) In addition to the foregoing, provisions as may be reasonably necessary, for the protection of the County and the public. (5) In the event any road, highway, or right-of-way over, under or upon which such license or easement is granted, shall be closed, abandoned, vacated or discontinued, the Board of County Commissioners may terminate such easement or license as to such road, highway or right-of-way, as is closed, abandoned, vacated or discontinued. (6) To require the licensee to move or remove any pipelines, poles, conduits or other facilities at no cost to the County in the event of- the widening or repair or reconstruction of any such street, road, alley or other right-of-way. (f) If any person or party serviced by a utility operating under such a franchise, complains to said Board concerning the rates, charges and operation of such utility, and such utility, after request is made upon it, by the Board of County Commissioners, fails to satisfy or remedy such complaint or objection, and/or fails to satisfy said Board that said complaint or objection is not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection, and the Board may review the rates and charges set and charged by such utility for the services which it furnishes, and the nature and character of the services it furnishes, and the quality of services furnished, pursuant to such franchise. If the Board enters order pursuant to such hearing, and the utility or any other person, firm or corporation participating in such hearing feels itself aggrieved by such order, the utility or such person, firm or corporation may seek review of the Board's action by proceedings in the Circuit Court of the County. This section, however, shall not apply to any utility or to any utility system owned or managed by any municipality. (g) Such franchise shall be for such term of years as the Board shall determine, but not to exceed ninety-nine (99) years. Such franchises shall be transferable and assignable; provided: (1) Notice or request for transfer and assignment shall be given by the then holder of the franchise to said Board in writing, accompanied by a request from the proposed transferee/assignee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee/assignee, and such other information as the Board shall require. (2) A public hearing shall be held on such request of which notice shall be given by publication in a newspaper regularly published in said County at least one time, not more than one month, nor less than one week, preceding such hearing. Certified Proof of Publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. (3) The proposed transferee/assignee must meet the same requirements and comply with the same rules and regulations as would be required of an original applicant for a franchise. (h) To include in said franchise such additional terms and provisions as shall properly assure the orderly servicing of such area, therein included, by such person, firm, or corporation of the utility or utilities referred to in said franchise; and, if any such person, firm, or corporation receiving such franchise fails or refuses to properly discharge the same, the Board shall give such person, firm or corporation written notice of such deficiencies or defaults, and a reasonable time within which such person, firm, or corporation shall remedy the same, and properly furnish the service required by said franchise. Such deficiency or default shall be specifically set forth in such notice from the Board. If such person, firm, or corporation fails to remedy such deficiencies of defaults within the time required by said Board in its notice, the Board may thereafter schedule a hearing concerning the same, with reasonable notice thereof to said person, firm, or corporation, and after said hearing, at which all interested parties shall be heard, the Board may further limit or restrict said franchise, or may terminate and cancel the same, if proper reasons thereby are found by the Board. If the Board enters order pursuant to such hearing, and the utility or any other person, firm or corporation participating in such hearing feels itself aggrieved by such order the utility or such other person, firm or corporation may seek review of the Board's action by proceedings in the Circuit Court of the County. (i) Any franchises granted pursuant to this Act shall be limited as follows: (1) No user of natural or other gas, to the average amount of 100,000 cubic feet per day, would be required to deal with said utility, but any such user shall be at liberty to make direct contracts with any gas pipe line company or other source of gas. (2) Any person, firm or corporation using, in normal average consumption, more than 100,000 gallons of water per day, shall not be required to deal with said utility, but any such water user shall be at liberty to secure its water from such source or sources as it might desire. Any franchise for water shall also exempt and except therefrom any public agency producing water for resale at wholesale. (j) Notwithstanding anything contained herein to the contrary, nothing in this Act or in any franchises granted hereunder shall: (1) Prevent landowners to exercise their vested rights to pump water for their own use, nor shall the riparian and other water rights of landowners be in any way impaired, reduced, or affected hereby. (2) Limit or restrict any person, now or hereafter, owning or occupying any premises now serviced with natural gas and water from continuing to receive such services and purchase natural gas and water from any person, firm or corporation now selling such natural gas and water to said owner or occupant, provided, however, if such owner or occupant requests services and purchases natural gas and water from any grantee in any franchises issued hereunder, then the provisions of any franchises issued hereunder with respect to the product purchased, shall apply to such owner, occupant, or the land involved, and the above rights, with respect to such product reserved to any such owner or occupant shall cease and terminate. (3) Affect, limit or restrict the rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board of County Commissioners pursuant to Section 125.42, Florida Statutes. (k) Any person operating a public utility as herein defined at the time this Act becomes law may apply within one year hereafter for a franchise hereunder and the County Commissioners, without the necessity of public hearing, shall grant, without requiring bonds, a non-exclusive franchise to such applicant with respect to the area or areas now being served, provided, however, if any such person shall desire an exclusive franchise then the procedure, requirements, conditions, limitations and terms contained in subsections 4(a) to 4 (j) inclusive shall apply to any such application. Section 5. This Act shall be cumulative and in addition to any powers and authorities heretofore granted to said Board or to Boards of County Commissioners under the general laws of the State of Florida. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. If any part of this Act shall be unconstitutional, the remainder shall not be invalidated thereby, and all laws and parts of laws thereof in conflict herewith, are hereby repealed. Section 7. This Act shall take effect immediately upon its becoming a law.
Became a law without the Governor's approval. Filed in Office Secretary of State May 9, 1959. |